People v Butts, Jermaine
Motion No: 2016-03460
Slip Opinion No: 2016 NY Slip Op 75402(U)
Decided on June 2, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M212463

E/sl

RANDALL T. ENG, P.J.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-03460

The People, etc., respondent,

v Jermaine Butts, appellant.

(Ind. No. 10183/13)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 19, 2015, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the purported judgment is a duplicate of the judgment under Appellate Division Docket No. 2016-01617, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before June 23, 2016; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause:

Lynn W. L. Fahey, Esq.

Appellate Advocates

111 John Street, 9th Floor

New York, New York 10038

and it is further,

ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order to show cause upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at the appellant's last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney who last appeared for the appellant, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

ENG, P.J., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court